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IMPORTANT BREAKING NEWS . . .
GAS DRILLING TRUCK 41-TONS OVERWEIGHT Pennsylvania State Police ticket a truck driver carrying 41 tons over the road weight limit. January 30, 2010, 4:39 PM EST http://www.wbng.com/news/local/83164462.html A natural gas well-drilling service truck was found way above the weight limit for the road it was on in Towanda, Tuesday. Troopers say it's the latest example of overweight natural gas trucks inflicting heavy damage on area roads. The truck was found when it was parked illegally and without a valid permit for it's oversize load. The Bradford County Road it was on has a posted weight limit of 10-tons. The truck is owned by a subsidiary of Chesapeake Energy Corporation. Troopers say the driver was ticketed for more than $25,000. Police said Kevin Parsons, 44, of New Albany, Pa., was the driver of the truck found parked on Covered Bridge Road in Burlington Township. The road has a posted weight limit of 10 tons. "We've had so many problems lately with blatant (weight limit) violations," said Cpl. Roger Stipcak. "We've tried ... to educate them about this stuff, but now we're going to start taking them forthwith to the magistrate," Stipcak said. Police said the truck is owned by Hodges Trucking Co. of Oklahoma City, Okla., which Chesapeake Energy lists as a subsidiary on its Web site. "It's only going to get worse with all these gas companies coming in," Stipcak said. GAS DRILLING FORUM IN UNIVERSITY OF SCRANTON Wednesday, January 20, 7:00 p.m The League of Women Voters of Lackawanna County will present a forum on shale gas extraction this Wednesday, January 20, 7:00 p.m. in Pearn Auditorium (room 228) of Brennan Hall at the University of Scranton in Scranton, PA. Sponsored in partnership with the university’s Task Force on Sustainability, the forum will include speakers from the Damascus Citizens, the gas industry, PA-DEP, and PennFuture. Panel Participants & Speakers: U.S. breaks with ‘drill anywhere’ energy policy, Salazar announces January 7, 2010 by Agence France-Presse WASHINGTON—The United States is moving away from the “drill anywhere, whatever the cost” energy policy of the previous administration, officials said Wednesday as they announced reforms in the way oil and gas leases are attributed. “We don’t believe we have to be drilling everywhere and anywhere,” Interior Secretary Ken Salazar told a news conference where he and other officials announced changes to the way the U.S. government manages onshore oil and gas exploration leases. “We believe we have to have a balanced, thoughtful approach that allows for the development of oil and gas resources but at the same time protects the treasured landscapes of America,” Salazar said. The new approach was in line with President Barack Obama’s commitment to develop U.S. gas and oil stocks while also growing the country’s green energy capacity, Assistant Secretary of the Interior for Land and Minerals Management Wilma Lewis said. It also marked a break from the way the George W. Bush administration did oil and gas business, said Salazar. “The previous administration’s approach to oil and gas leasing ... by and large was that leasing should happen almost anywhere, at whatever cost,” he said. He faulted the Bush administration for putting up for auction “highly controversial areas” in the western United States, including municipal watersheds, wildlife habitats, or lands close to national parks. “There seemed to be little rhyme or reason to which areas were leased. Western landscapes were being carved up and fragmented,” said Salazar, who is from Colorado. Nearly half of the leases offered under the Bush administration were contested by environmental and other groups in 2008, compared with “a little over 1 percent in 1998,” the secretary said. Court battles over leases are costing millions of dollars in litigation, tying up resources, and showing that the current lease system is flawed, he said. Under the proposed reforms to the onshore oil and gas leasing program, more environmental analyses will be conducted before leases are auctioned and the public will be engaged “earlier and more frequently in the process,” said Salazar. December 23 2009 Hinchey Formally Submits Comments on NYS DEC's Draft Environmental Impact Statement for Natural Gas Drilling Activities in New York Congressman Says More Safeguards Are Needed to Protect Public Health Kingston, NY -- Congressman Maurice Hinchey (D-NY) this week formally submitted comments to the New York State Department of Environmental Conservation (DEC) in response to the agency's draft findings for how horizontal drilling and high-volume hydraulic fracturing to obtain natural gas in the Marcellus Shale would impact the environment and affect the quality of life for state residents. While noting the economic benefits that natural gas drilling could have on the state and its residents, Hinchey said that the DEC first needs to take a series of additional comprehensive steps to adequately ensure that hydraulic fracturing does not contaminate drinking water supplies or jeopardize public health in any other way. "Natural gas development presents New York with a range of potential economic benefits, but those benefits come with some extraordinary environmental and public health risks that we cannot simply ignore and hope for the best," said Hinchey, regarding the comments he submitted on the DEC's draft Supplemental Generic Environmental Impact Statement (dSGEIS). "The DEC has taken a good step forward in setting some environmental guidelines, but a lot more work needs to be done. It is tempting to move forward with drilling now in order to realize the economic benefits, but doing so in haste would unnecessarily subject the state to potential environmental and public health disasters that would be far more costly in every way. Now is the time when we should be taking a closer look at what's happened in other states including Pennsylvania and Wyoming -- where waterways and drinking water supplies have been contaminated -- and take the steps needed to ensure such problems don't befall New York." In his comments to the DEC, Hinchey laid out a series of 11 steps he believes the agency needs to take before drilling should be permitted in New York. Those steps are: 1) A cumulative impact analysis of natural gas drilling in the Marcellus formation to understand the full impact drilling could have on our water resources, air quality, local roads and infrastructure; 2) A prohibition on the use of toxic chemicals in all fracturing fluids in order to prevent groundwater and surface water contamination; 3) Require public disclosure of chemicals used in hydraulic fracturing; 4) A thorough review of the growing number of incidents from other states, including Pennsylvania and Wyoming, in which gas drilling is alleged to have caused explosions, well-contamination, ecological damage and health impacts. 5) Mandate that all baseline well water tests and complaints be handled by DEC, instead of county and local government as proposed in the dSGEIS, and be paid for by drilling companies. 6) Develop a comprehensive wastewater plan for high-volume gas drilling in New York and require industry to put in place the necessary infrastructure to process and treat flowback fluids prior to the issuance of any drilling permits. 7) Require on-site processing and reuse of fracturing fluids to minimize impacts from transportation and ensure that the water involved in fracking is used as efficiently as possible. 8) Extend supplementary reviews with public input for key sensitive areas within the Marcellus Shale, including the Upper Delaware Scenic and Recreational River and Catskill State Park, and accept calls for a drilling prohibition in the New York City Watershed. 9) Dramatically increase the resources and staffing devoted to the permitting and oversight activities related to high-volume hydraulic fracturing. 10) Only after addressing the questions raised by those who submit comments to the dSGEIS and dramatically improving safeguards and regulations for hydraulic fracturing, the DEC should adopt a phased-development approach to the Marcellus Shale and limit initial gas drilling permits to areas without significant environmental concerns in order to assess those operations and make adjustments to the permitting process. 11) Extend the public comment period for an additional 90 days. Hinchey noted that strong state environmental protections are needed because of the lack of such safeguards on the federal level. In the now infamous 2005 Energy Policy Act, which Hinchey strongly opposed and voted against, the then Republican-controlled Congress exempted hydraulic fracturing from the Safe Drinking Water Act (SDWA), which was designed to protect public water supplies from toxic chemical contamination. This loophole, which some have called the Halliburton Loophole, created an extremely dangerous set of circumstances. Earlier this year, Hinchey, Congresswoman Diana DeGette (D-CO), and several of their colleagues introduced the FRAC ACT -- Fracturing Responsibility and Awareness of Chemicals Act, which would close the loophole that exempted hydraulic fracturing from the SDWA and require the oil and gas industry to disclose the chemicals they use in their hydraulic fracturing processes. Currently, the oil and gas industry is the only industry granted an exemption from complying with the SDWA. In a separate step, Hinchey secured final congressional approval of a provision he authored as part of the fiscal year 2010 Interior and Environment Appropriations bill that formally urges the U.S. Environmental Protection Agency (EPA) to conduct a new study on the risks that hydraulic fracturing poses to drinking water supplies. In May, the congressman asked EPA Administrator Lisa Jackson at a House Interior Appropriations Subcommittee hearing about the need for such a study. Jackson told Hinchey that she believed her agency should review the risk that fracturing poses to drinking water in light of various cases across the country that raise questions about the safety of the natural gas drilling practice. Hinchey's measure formalizes a congressional request for an EPA study on the risks that toxic chemicals used in hydraulic fracturing pose to drinking water supplies in New York and across the nation. The EPA did conduct a study on the matter in 2004 under the Bush administration, but that study is widely considered to be flawed for a variety of reasons, including the way data was selectively collected from sources that had a vested interest in the oil and gas industry while other relevant information was ignored. November 5, 2009 Gas company slapped with environmental violations By Steve McConnell, Wayne Independent Dimock Township, Pa. -A natural gas drilling company must provide a permanent supply of water to 13 homes in Dimock Township, Susquehanna County along with correcting problems at its well sites that caused methane to pollute drinking water in this small rural community, environmental regulators said. The state Department of Environmental Protection (DEP) slapped Cabot Oil & Gas on Wednesday with a 23-page order - littered with a slew of additional environmental violations - of corrective actions the company must address to eliminate the methane contamination in the hopes of restoring well water in the affected area. According to the consent order obtained by The Wayne Independent, eight natural gas wells operated by the Texas-based company failed - causing methane to spew into the local aquifer in December 2008. The failures were due to either excessive pressure or “insufficient or improper” underground well casings - which ordinarily prevent this type of incident from occurring. (Methane is the principal component of natural gas). DEP delineated a nine-square mile “affected area” - home to 62 Cabot Oil & Gas natural gas wells in Dimock Township - centering around Carter Road. Carter Road is home to some of the 13 residences that have had methane-infused drinking and bathing water. The company was fined $120,000 for the methane contamination on Wednesday. This follows a $56,650 fine for three toxic chemical spills in September that released, in the same township, an estimated 8,000 gallons of an industrial waste associated with Cabot’s natural gas drilling, said environmental regulators and a company spokesperson. Shortly after the spills that also flowed into a local creek and wetland, DEP shutdown Cabot’s operation in the area. “The goal of the consent order and agreement is to ensure a long-term resolution to issues that have emerged in Dimock,” said DEP Director Kelly Burch. An attempt to call a Cabot spokesperson was unsuccessful by press time on Thursday. If well water is not fully restored, the company must provide an alternate, long-term solution to supply water to the 13 impacted residences. The residences were located within 1,300 feet of Cabot’s operations, according to the consent order; drilling began around Carter Road in August 2008. Carter Road residents have previously told The Wayne Independent that they began drinking bottled water after learning that their wells contained elevated levels of methane, in some instances at a combustible concentration. Combustion actually occurred in one instance and served as the proverbial wake-up call to the problems here: DEP began its investigation after a concrete slab on top of a resident’s well exploded on New Year’s Day - 2009. “We weren’t here when it happened,” Norma Fiorentino told The Wayne Independent last spring about what happened to her well. “But we came back and found a big hole in the earth where it was.” Fiorentino has refused to drink her well water since then. “You just don’t drink water that explodes,” she said; nearly a year later, the company will now purchase water for her. The company, which has leased 78 private properties in Wayne County, giving them the right to drill for natural gas, must repair all of its failed natural gas wells by March. If the company does not do so by then, the wells must be plugged. According to DEP, Cabot has thus far fixed five of the eight failed wells; but three still have “insufficient or improper” casings - meaning that methane may still be seeping through the drilled well, thereby into the local aquifer. The consent order also detailed four other industrial waste spills reported by the company in Dimock Township. •September 2008: drilling mud - an industrial waste - flowed into a spring seep in violation of the state’s Clean Streams Law. •January 2009: 100 gallons of diesel fuel spilled at a well site, caused by a fuel-line leak on a drilling-mud pump. •February 2009: an estimated 5 to 10 barrels of drilling mud discharged into a field, caused by equipment failure. •March 2009: drilling mud flowed into a local creek. October 29, 2009 Congress Gives Final Approval to Hinchey Provision Urging EPA to Conduct New Study on Risks Hydraulic Fracturing Poses to Drinking Water Supplies Washington, DC -- The U.S. House of Representatives today approved a provision authored by Congressman Maurice Hinchey (D-NY) that formally urges the U.S. Environmental Protection Agency (EPA) to conduct a new study on the risks that hydraulic fracturing poses to drinking water supplies. The Senate is due to pass the identical bill in the coming days and President Obama is expected to sign the measure into law soon after that. Earlier this week, members of the Interior Appropriations Conference Committee, including Hinchey, signed off on the Interior and Environment Appropriations bill and report for fiscal year 2010, which contains the study provision. "While natural gas certainly has an important role in our national energy policy, it's imperative that we take every step possible to ensure that our drinking water supplies are not contaminated or adversely impacted in any way," Hinchey said. "This legislation puts Congress on record in support of a new, comprehensive study that will examine the impact that hydraulic fracking really has on our water supplies. The study results will put us in a position to take any further steps that are necessary to protect our drinking water supplies from the chemical concoctions being pumped into the ground by energy companies." In May, the congressman asked EPA Administrator Lisa Jackson at a House Interior Appropriations Subcommittee hearing about the need for such a study. Jackson told Hinchey that she believed her agency should review the risk that fracturing poses to drinking water in light of various cases across the country that raise questions about the safety of the natural gas drilling practice. Hinchey's measure would formalize that congressional request for an EPA study on the risks that toxic chemicals used in hydraulic fracturing pose to drinking water supplies in New York and across the nation. The EPA did conduct a study on the matter in 2004 under the Bush administration, but that study is widely considered to be flawed for a variety of reasons, including the way data was selectively collected from sources that had a vested interest in the oil and gas industry while other relevant information was ignored. The language that Hinchey had inserted into the report reads, "The conferees urge the EPA to carry out a study on the relationship between hydraulic fracturing and drinking water, using a credible approach that relies on the best available science, as well as independent sources of information. The conferees expect the study to be conducted through a transparent, peer-reviewed process that will ensure the validity and accuracy of the data. EPA shall consult with other federal agencies as well as appropriate state and interstate regulatory agencies in carrying out the study, and it should be prepared in accordance with EPA quality assurance principles." In the now infamous 2005 Energy Policy Act, which Hinchey strongly opposed and voted against, the then Republican-controlled Congress exempted hydraulic fracturing from the Safe Drinking Water Act (SDWA), which was designed to protect people's water supply from contamination from toxic materials. This loophole, which some have called the Halliburton Loophole, created an extremely dangerous set of circumstances. In June, Hinchey, Congresswoman Diana DeGette (D-CO), and several of his colleagues introduced the FRAC ACT -- Fracturing Responsibility and Awareness of Chemicals Act, which would close the loophole that exempted hydraulic fracturing from the SDWA and require the oil and gas industry to disclose the chemicals they use in their hydraulic fracturing processes. Currently, the oil and gas industry is the only industry granted an exemption from complying with the SDWA. "It is critical that our communities are assured that the process of hydraulic fracturing is safe and will not contaminate drinking water supplies," said DeGette (D-CO), Vice Chair of the Committee on Energy and Commerce. "I will continue to work with EPA to encourage a robust study of hydraulic fracturing and its potential impact on drinking water." Hydraulic fracturing, also known as “fracking,” is used in almost all natural gas wells. It is a process whereby fluids are injected at high pressure into underground rock formations to blast them open and increase the flow of fossil fuels. This injection of unknown and potentially toxic chemicals often occurs near drinking water sources. Troubling incidents have occurred around the country where people became ill after fracking operations began in their communities. Some chemicals that are known to have been used in fracking include diesel fuel, benzene, industrial solvents, and other carcinogens and endocrine disrupters. Saturday, October 17, 2009 Sierra Club, Atlantic Chapter met in Syracuse and passed a resolution calling on the NYS legislature to enact a BAN on unconventional gas drilling in NYS. “WHEREAS extensive environmental and health damages would be caused by horizontal drilling and high pressure hydrofracturing gas extraction techniques due to the contamination of water, soil and air by the toxic chemicals used in drilling and fracturing, and the naturally occurring toxic chemicals brought to the surface from deep in the ground, “WHEREAS these environmental and human and animal health damages will have damaging economic consequences on residential property values, and on the state’s tourism, agriculture, forestry, winery, real estate development and educational businesses, “WHEREAS the infrastructure costs of building and repairing roads, water treatment facilities, and other public services would far exceed any economic benefit to local communities, and “WHEREAS it is yet to be proven that the green house effects of the production and use of natural gas produced by horizontal drilling and hydrofracturing are any less than those of the production and use of coal when the life cycle emissions of natural gas production and the higher impact of methane as a green house gas are taken into account. “Be It Resolved that the Atlantic Chapter of the Sierra Club calls on the New York State Legislature to enact a ban on permitting gas wells that use horizontal drilling and hydro-fracturing to release gas from tight sand and shale formations such as the Marcellus.” Saturday, October 21, 2009 CHESAPEAKE APPALACHIA, LLC PROPOSED SURFACE WATER WITHDRAWAL PROJECT Application Withdrawn by Applicant Chesapeake Appalachia, LLC has notified the commission that it is rescinding its application for approval of a surface water withdrawal project to supply a maximum of 29.99 mg/30 days of water for the applicant's exploration and development of natural gas wells in the State of New York and the Commonwealth of Pennsylvania. Surface water was proposed to be withdrawn from the West Branch of the Delaware River at a location known as the Cutrone Site in Buckingham Township, Wayne County, Pennsylvania. The proposed project would have been located in the Delaware River Watershed within the drainage area of the section of the non-tidal Delaware River known as the Upper Delaware, which is designated as Special Protection Waters. In its October 20, 2009 letter to DRBC Chairman Mark Klotz, who represents New York Governor David Paterson on the commission, Chesapeake wrote ". . . we have decided to withdraw the application and reasssess our approach to the situation. We believe this is preferable to continuing with hearings and further public debate about the project at this time." The commission held a public hearing on an initial draft docket (permit) at its July 15, 2009 business meeting in Bethlehem, Pennsylvania and heard testimony from approximately 40 witnesses. Voluminous written comment was submitted on or before the July 15 hearing. In light of the high level of public interest in the project, the commission took no action on the docket on July 15, and on that date it extended the written comment period through July 29, 2009. Approximately 1,200 written comments (excluding petitions) were received on the draft docket by the close of the comment period. After review and consideration of these comments, the commission and staff developed a revised draft docket, which was posted on the DRBC web site on September 11, 2009. The public hearing originally scheduled for September 23, 2009 to receive testimony on the revised draft docket was postponed at the request of Chesapeake Appalachia to allow the public and the applicant more time to consider the revised draft docket. In its September 15 postponement request, Chesapeake said it was seeking additional time "to review and consider the changes reflected in the revised draft docket for the project" published on the commission's web site on September 11. Chesapeake stated that it "has not had adequate time to review the changes reflected in the revised draft docket, particularly with respect to the proposed pass-by flow." http://www.nj.gov/drbc/dockets/D-2009-20-1.htm October 20, 2009 Why the big rush toward gas drilling? By Deborah Goldberg Albany Times Union New York recently released a long-awaited review of how the drilling of thousands of gas wells into the Marcellus Shale might affect our state and our future. The 800-page draft environmental impact statement discusses threats to everything from the water you drink and the air you breathe to the roads you travel and the vacations you take. It is essential that New Yorkers have adequate time to understand it all. The Department of Environmental Conservation should extend the period for public comment on the draft for another 30 to 60 days so residents can properly comprehend information that could directly impact their health and the natural resources they leave to their children. The prospect of industrial gas development in places and at a scale that we have never seen before is perhaps the most pressing environmental issue in the history of this state. The gas drilling industry is at our doorstep, clamoring for access to reserves that promise them big profits. The developers want to blast millions of gallons of chemically treated water into the earth to fracture shale deposits that hold the gas, a process called "hydraulic fracturing." Before the rigs move in from Texas, however, we need to examine all the potential harms of that process and make sure that adequate protections are in place for public health and natural resources. We cannot let industry dictate the timetable for drilling. Unfortunately, we already have seen what happens when governments move too quickly with gas development. Next door in Pennsylvania, drilling in the Marcellus Shale has ramped up quickly, with more than 1,100 permits in the first eight months of 2009. Last month, the state shut down Cabot Oil and Gas operations in Susquehanna County after three chemical spills at one drilling site in less than a week. The chemicals Cabot spilled include potential carcinogens that are used in the fracturing process. Officials say more than 8,000 gallons of chemicals were released into a nearby creek, polluting wetlands and killing fish in the tiny Pennsylvania community of Dimock. It's not the first time Dimock residents have felt the effects of having gas development in their backyards. Earlier this year, officials found released natural gas had seeped into and tainted the water in private wells. In the meantime, state officials are looking for answers to what killed an entire ecosystem of fish and river wildlife on the other side of the state, along Dunkard Creek near the West Virginia border. Many residents and environmental experts fear that waste water from Marcellus Shale drilling may have pushed contamination levels to the point of no return. In New York, DEC's Division of Mineral Resources officials say that their proposals will adequately protect drinking water and other natural resources of this state. They are saying this even though they have not proposed a single new regulation to prevent serious environmental problems. They say we should trust them to place protective conditions in drilling permits and should not ask for enforceable rules. Before New Yorkers give state officials such discretion over gas drilling, they need time to read the environmental review for themselves. They should not have to rush through 800 pages and make up their minds before Thanksgiving. They should have a full 90-120 days to digest the technical analysis, think critically about the agency's claims, and speak their views in hearings around the state. We shouldn't cut corners when it comes to public participation. At stake is the water we drink, the air we breathe, the soil in which we grow our food and the scenic landscapes that feed our spirit. The cost of protecting them now is far lower than the cost of cleaning them up, as New Yorkers should know from Love Canal. We must do all we can to protect what we have. We do not want to be mourning what we have lost later. Deborah Goldberg is managing attorney for Earthjustice Northeast, a nonprofit, public-interest law firm. August 27, 2009 CBF Files First Challenges of DEP Permits Related to Gas Drilling, Calls for Natural Gas Tax http://www.cbf.org/Page.aspx?pid=1394 http://www.publicnewsservice.org/index.php?/content/article/10324-1 High-Value Wetlands and Trout Streams at Risk (Harrisburg, PA)— For the first time since the Pennsylvania Department of Environment Protection (DEP) took over review of erosion, sediment, and stormwater control plans for natural gas drilling sites, the Chesapeake Bay Foundation (CBF) is challenging two permits in Tioga County contending violations of both Commonwealth and federal laws. Not only did DEP strip review authority from local County Conservation Districts in April, but it instituted an expedited stormwater permitting process that does not allow for public participation or meaningful agency review of permit applications. "Instead of protecting the environment, DEP is rubber stamping permit applications without any formal review," said CBF's Pennsylvania Executive Director Matt Ehrhart. "Wild trout streams and their tributaries, and exceptional value wetlands that should receive extra protection under the law are at risk due to the lack of thorough DEP oversight." CBF is challenging permits issued to Fortuna Energy, Inc. authorizing earth disturbance for pipeline construction in Jackson Township, and to Ultra Resources, Inc. authorizing earth disturbance for substantial drilling operations in Gaines and Elk townships. The Fortuna pipeline will cross tributaries of wild trout streams and impact exceptional value wetlands in violation of Pennsylvania wetlands law. The Ultra project will include pipeline crossings of high quality trout streams within the Pine Creek watershed, home to the Pennsylvania Grand Canyon and one of the state's premier outdoor recreation destinations. For both projects, there was no analysis of the rate or volume of stormwater runoff from the construction, which can pollute streams. "That these permits were issued without technical review and an analysis of the damage caused by construction and post-construction runoff violates both the federal Clean Water Act and Pennsylvania law," said CBF Pennsylvania Staff Attorney Matthew Royer. "Conservation Districts have the local knowledge and experience to review the permits and manage the program. What we see here is a clear failure by DEP to meet fundamental permit review obligations. DEP should restore authority to the Conservation Districts." The appeals will be heard by the Pennsylvania Environmental Hearing Board. "Gas drilling will bring some level of environmental damage, as well as damage to roads and bridges," Royer said. "That damage must be minimized through wise application of environmental regulations. It also underscores the need for a severance tax on drilling so that the state can fund mitigation projects to offset damages." August 14, 2009 EPA Confirms Drinking Water Contamination by Toxics Used in Hydraulic Fracturing Joint Press Release: EARTHWORKS * Powder River Basin Resource Council http://earthworksaction.org/PR_EPApavillionDrinkingWater.cfm ProPublica: "EPA will investigate nearby oil and gas development to determine contamination source." Pavillion, WY, August 14, 2009 - This week U.S. Environmental Protection Agency told a group of over 70 that initial investigations found 11 of 39 tested drinking water wells were contaminated. Among the contaminants are toxics used in oil and gas production. As part of a Superfund investigation, EPA began sampling in March 2009 in the Pavillion, WY area in response to multiple landowners concerns about changes in water quality and quantity following EnCana's increased gas development in the area. Wyoming Department of Environmental Quality (WDEQ) and EnCana had continually assured Pavillion residents that there was no evidence of hydrocarbons or toxic chemicals in their drinking water wells. "Our families and neighbors are experiencing everything from miscarriages and rare cancers to central nervous system disorders, seizures, and liver disease" said John Fenton of Pavillion Area Concerned Citizens, a citizens group formed to address oil and gas contamination. EPA confirmed the presence of 2-butoxyethanol (2-BE), a known constituent in hydraulic fracturing fluids, in three wells. This is the same chemical that was documented in the water well of Laura Amos, a Colorado landowner, after nearby wells were hydraulically fractured by EnCana. EPA reported that other water contamination, in the Pavillion wells, included methane, as well as adamantanes (a form of hydrocarbon) and six other chemical compounds of concern. In 2001 EnCana's fracturing operations in Silt, Colorado were linked to methane and other contamination of Ms. Amos' nearby water well. Amos was unable to test immediately for chemical constituents related to hydraulic fracturing as she was unable to identify what chemicals were in EnCana's drilling products. In 2003 Ms. Amos was diagnosed with a rare adrenal cancer and she later discovered that 2-BE had been used in EnCana's fracking products. According to Dr. Theo Colborn at The Endocrine Disruption Exchange, known health effects of 2-BE include elevated numbers of combined malignant and non-malignant tumors of the adrenal gland, kidney damage, kidney failure, toxicity to the spleen, the bones in the spinal column and bone marrow, liver cancer, anemia, female fertility reduction, and embryo mortality. As a result of the EPA's findings, residents in the Pavillion area are now calling for a halt to EnCana's fracturing operation. "It's very concerning that we are finding known fracturing products and hydrocarbons in our citizens' water wells," says John Fenton. "We'll await EPA's determination as to what is the cause of this contamination. However, in the mean time, we are asking EnCana to ensure no more fracturing occurs in the area." EPA stated that they will continue sampling, meeting with all parties and working with EnCana to determine the source and extent of the contamination. Randy Tuween, an EnCana representative at the meeting, pledged to fully cooperate with the community and EPA officials. "Full cooperation in this instance requires that EnCana fully disclose what products and chemicals have been used in the Pavillion/Muddy Ridge fields," says Deb Thomas, organizer for the Power River Basin Resource Council and the Pavillion Area of Concerned Citizens. "This shows why federal regulation of fracturing and drilling operations is so important. We have been seeking answers from EnCana and the State of Wyoming for years. We are very pleased that EPA is now getting results. All citizens deserve clean water." In June, the Fracturing Responsibility and Awareness of Chemicals Act (S. 1215/HR 2766) was introduced to require disclosure of fracturing chemicals to public agencies and to lift the exemption for hydraulic fracturing under the Safe Drinking Water Act. The legislation, known as the FRAC Act ensures that a federal minimum standard would prohibit endangerment of underground sources of drinking water while allowing states flexibility in implementing that standard. "Citizens throughout the country have been reporting changes in their water well's quality and quantity after nearby hydraulic fracturing operations for years and voicing concerns about both short and long-term health effects," said Jennifer Goldman of Earthworks' Oil and Gas Accountability Project. "The FRAC Act is critical to ensuring that we know what toxics are being injected into and near our aquifers and to holding the oil and gas industry accountable for the environmental and health impacts. Aug 07, 2009 Gas driller revises application; new hearing set By Peter Becker, Wayne Independent A hearing is planned in the Wayne/Pike area to take new testimony concerning the proposal by a major gas driller to withdraw up to a million gallons of water a day from the West Branch of the Delaware in northern Wayne County. Carol Collier, Executive Director, Delaware River Basin Commission (DRBC), reportted at the Upper Delaware Council (UDC) session Thursday night that the hearing will only take testimony from the public on revisions the DRBC is making to the docket for the application by Chesapeake Appalachia for the Cutrone Withdrawal Site, in Buckingham Township. The new hearing will take place Wednesday, September 23rd at the PPL Environmental Learning Center, near Hawley, beginning at 10 a.m. There also again will be opportunity for written testimony. The revised docket will be available on-line at www.state.nj.us/drbc/. Chesapeake has revised their application in cooperation with DRBC and the state. The original hearing was held July 15th in Bethlehem, Pa. where 44 people testified; at least 500 written comments were received, and they overwhelmingly expressed reservations about the taking of water. DRBC decided to reconsider the project and hold another hearing, putting off the full Basin Commission meeting until October 22nd. The DRBC can then choose to act on the application. Chesapeake needs the water for the fracking process, which involves injecting the water and chemicals into the bedrock to split the rock apart and release natural gas. Although the cutoff for written testimony on the first round was July 29, Collier said she’d accept the letter approved Thursday night by the UDC. To summarize the letter, the UDC expressed the following concerns over withdrawal of that much water: • Effects endangered water species and relocating an invasive weed with the water; • Impacts on recreation; • Lack of non-point source pollution control plan; • Need for a cumulative impacts analysis; • If the water will stay within the Delaware River Basin or taken to other shale formations in Pennsylvania or New York; • Will New York City be required to make up for the loss of water by releasing an additional million gallons per day from the Cannonsville Reservoir, to meet the flow target at Montague’s gauge; • Should the rate per minute be dropped from 1,000 gallons to 700, to protect aquatic species, noise and lighting could become a problem if withdrawals are done at night; • Water withdrawal data should immediately be made available on-line. (The first four points are made in agreement with a comment letter sent by the National Park Service.) Collier stated that DRBC is preparing regulations to address gas drilling, that will focus on there areas, water withdrawal, well pad approval and wastewater removal. She said they hope to issue approvals of well pads by rule, to expedite the process, while not overlapping state regulations. Dolores Keesler, UDC’s delegate for Damascus Township, questioned if DRBC has enough staff to watch what the gas companies are doing. Collier stated that the fee from the applicant will pay for DRBC to contract inspectors. From the audience, Susan Sullivan, Town of Tusten, wanted to know how DRBC will monitor that withdrawal water is not taken out of the Delaware River Basin. Collier replied that although DRBC will require the drilling company to keep the water within the Basin, how this will be enforced is unclear, “That’s a scary gap,” said Sullivan. Collier stated that this is why they hope to require the driller to specify where the water is taken so it could be traced, adding, “but we lack the manpower to ride truck.” Emergency Services are also concerned about the transport of untreated drill site wastewater, said George Fluhr, UDC Chairman. They are concerned that their could be a hazardous material spill. UDC received a letter from Rev. Jean Blackie, Damascus United Methodist Charge, suggesting that the UDC take up a “watch dog” role over the gas drillers, and to train other volunteer groups to assist. UDC Chairman George Fluhr explained that that the UDC does not carry enforcement authority; they can only observe and make comment on issues affecting the Upper Delaware, which they have effectively done for over 20 years. If an individual has information on a perceived violation, however, the UDC will pass it on to the appropriate agency, said Fluhr. Fred Peckham, UDC- Town of Hancock added that landowners are the best environmentalists and have a stake in keeping their land pristine; they will report what they see. The DRBC Director commented, “We need eyes and ears; if you see something amiss, call the [PA] DEP, [NY} DEC or us.” July 17, 2009 1,000 gallons per minute First gas-drilling related docket considered by DRBC By FRITZ MAYER BETHLEHEM, PA — On the afternoon of July 15, the largest gas-drilling company in the United States and environmental advocates in the Upper Delaware Valley eagerly awaited a decision by the Delaware River Basin Commission (DRBC) that would leave one side or the other deeply unsatisfied. As it turned out, they will have to wait a little longer: early in the proceedings the DRBC announced that the commission would postpone its decision, though the hearing on the docket in question continued. The company is Chesapeake Appalachia, LLC, which has applied to the Delaware River Basin Commission (DRBC) for a permit to withdraw up to one million gallons of water per day from the West Branch of the Delaware River, on the Pennsylvania side, just downstream from the bridge that runs between Buckingham Township and Hancock, NY. The water will be used in connection with Chesapeake’s natural gas extraction activities, but according to the DRBC draft docket, which is a document prepared by DRBC staff in response to the permit application, 90 percent of the water will be used for hydraulic fracturing or fracking. Fracking is the process in which millions of gallons of water laced with sand and chemicals are forced into wells to facilitate gas extraction. The rate of water extraction would not exceed one million gallons per day, or 1,000 gallons per minute, and the company would be required to stop taking water from the river should the water flow “pass-by” in the area drop beneath a 31-million gallons per day threshold. Staff of the DRBC have recommended to the commissioners that permission be granted to Chesapeake with a number of provisions. One of them would be that the approval would not give Chesapeake the authority to drill any gas wells in the Delaware River Basin (DRB), which must be approved separately. The delay was not a complete surprise: there had been speculation in the run-up to the meeting, to be held in Bethlehem, that the commission would postpone a decision on the matter because of the complexities involved, and also because this would be the first water withdrawal permit issued in the DRB regarding gas extraction in the Marcellus Shale and might require more study. Also, one of the most vocal opponents of gas drilling in the river valley, Damascus Citizens for Sustainability, has expanded its legal representation, and the new lawyer, Jeff Zimmerman, fired off a letter to the DRBC that says the commission should not grant the permit without first evaluating the impact of the thousands of gas wells predicted for the region. It says, “If the DRBC approves this docket without having first examined and evaluated the environmental impacts from the full scope of the projected development it will be violating the National Environmental Policy Act.” That is just one of a litany of complaints contained in the letter that point to what Zimmerman considered to be “scientifically and legally deficient” coverage of various subjects in the draft docket. Another complaint concerns the intake screen of the apparatus that will draw the water. The letter says, “There is no discussion at all in the docket about the potential for entrainment of fish and other aquatic life on the intake screen and the impact of such entrainment on this aquatic life.” There is also concern that if the operation were to make full use of the water capacity, it would require some 200 trucks per day to ship the water from the site to the various wells, or about one truck every seven minutes, 24 hours per day. Zimmerman writes, “The relevant point regarding the truck traffic… is that there is no mention of this whatsoever in the proposed docket.” There may be an additional hearing scheduled for a later date. The Chesapeake docket can be found at: http://www.state.nj.us/drbc/dockets/D-2009-020-1.pdf The letter from Damascus Citizens can be viewedat: http://www.damascuscitizens.org/DCS-Letter-DRBC.pdf JuLy 8, 2009 DEP ORDERS COMPANY TO CEASE DRILLING OPERATIONS THROUGHOUT PENNSYLVANIA Gas and Oil Corporation Based in New York State Causing Environmental Impairments in McKean and Warren Counties MEADVILLE -- The Department of Environmental Protection has issued a cease and desist order to U.S. Energy Development Corp. of Getzville, N.Y., for persistent and repeated violations of environmental laws and regulations. The order prohibits the company from conducting all earth disturbance, drilling and hydro-fracturing operations throughout Pennsylvania. The 302 violations that serve as the basis for the order were documented over a period of two years, beginning in August 2007. About one-third of the violations have been resolved, but 197 violations remain uncorrected. “U.S. Energy has demonstrated a pattern of behavior that displays disregard for environmental regulations and laws, the consequences being the contamination of water and soil in Warren and McKean counties,” said DEP Regional Director Kelly Burch. “This order stops U.S. Energy from building new sites and gives the company 30 days to fix those sites that already have been built. Other companies are meeting Pennsylvania’s environmental standards; U.S. Energy must also comply with our laws and regulations.” DEP issued the cease and desist order on July 10 because of continued and numerous violations of the Oil and Gas Act, the Clean Streams Law, and the Solid Waste Management Act. The violations include failure to implement measures to prevent accelerated erosion, unpermitted discharges, failure to restore well sites, encroachments into streams and wetlands without obtaining required permits, and failure to plug abandoned wells. The order allows U.S. Energy to continue producing at existing wells. Some of the U.S. Energy well sites that were cited are on the Allegheny National Forest and property owned by Bradford Water Authority. Oil and gas permitting, exploration and development is regulated in Pennsylvania under the Oil and Gas Act of 1984, which is administered by the DEP Bureau of Oil and Gas Management. For more information on oil and gas wells, visitwww.depweb.state.pa.us, Keyword: “Oil and Gas.” http://www.wayneindependent.com/news/x1885891306/DEP-orders-U-S-Energy-to-cease-drilling-in-Pennsylvania June 28, 2009 Protect Public Drinking Water: Act on the FRAC-ACT This week, the FRAC-ACT (HR2766/S1215) is expected to come to a vote on the floor of the House of Representatives. Contact your U.S. Representative and Senator today and urge them to support this important legislation. For a quick link to your Congressperson, use this link: May 19, 2009 Hinchey Gets EPA Administrator Jackson to Acknowledge Agency Should Review Hydraulic Fracturing Impact on Drinking Water Washington, DC - Continuing his efforts to close a legal loophole that exempts hydraulic fracturing for oil and natural gas exploration and drilling from regulation under the Safe Drinking Water Act (SDWA), Congressman Maurice Hinchey (D-NY) used a House Appropriations Subcommittee on Interior hearing today to ask U.S. Environmental Protection Agency (EPA) Administrator Lisa Jackson to conduct a review of her agency's policy on the risk that fracturing poses to drinking water supplies. Jackson told Hinchey that she believed her agency should review the risk that fracturing poses to drinking water in light of various cases across the country that raise questions about the safety. "It's imperative that we protect our drinking water supplies from harmful chemicals that are being pumped into the ground by oil and gas companies looking to produce on more and more land in New York and across the country," Hinchey said. "I was extremely pleased that EPA Administrator Jackson recognized the need for the EPA to reexamine the Bush administration's misguided views on the risks associated with hydraulic fracturing. We are in a much stronger position to protect our drinking water now that we have an administration in place that is committed to environmental protection. While there is value in drilling for natural gas, it's imperative that we do so in a manner that doesn't have long-term environmental consequences on our drinking water -- a resource that is critical to human health and survival." In the now infamous 2005 Energy Policy Act, which Hinchey strongly opposed and voted against, Congress shockingly exempted hydraulic fracturing from the Safe Drinking Water Act, which was designed to protect people's water supply from contamination from toxic materials. This loophole, which some have called the Halliburton Loophole, has created an extremely dangerous set of circumstances. Hydraulic fracturing -- also known as “fracking” -- involves injecting fluids into a well at extremely high pressure to crack open an underground formation and then prop open the new fractures in order to facilitate the flow of oil and gas out of the well. More than 90 percent of oil and gas wells in the U.S. undergo this treatment with many undergoing it more than once over the life of the well. More than 1,000 cases of contamination have been documented by courts and state and local governments in New Mexico, Alabama, Ohio, Texas, Pennsylvania, and Colorado. In one case, a house exploded after hydraulic fracturing created underground passageways and methane seeped into the residential water supply. A 2004 EPA study, which was haphazardly conducted with a bias toward a desired outcome, concluded that fracturing did not pose a risk to drinking water. However, Hinchey noted that the more than 1,000 reported contamination incidents have cast significant doubt on the report's findings and the report's own body contains damaging information that wasn't mentioned in the conclusion. In fact, the study foreshadowed many of the problems now being reported across the country. May 19, 2009 DRBC ELIMINATES REVIEW THRESHOLDS FOR GAS EXTRACTION PROJECTS IN SHALE FORMATIONS IN DELAWARE BASIN’S SPECIAL PROTECTION WATERS WEST TRENTON, N.J. – Delaware River Basin Commission (DRBC) Executive Director Carol R. Collier today announced that she has issued a determination notifying natural gas extraction project sponsors that they may not commence any natural gas extraction project located in shale formations within the drainage area of the basin’s Special Protection Waters without first applying for and obtaining commission approval. “This determination explains DRBC regulatory requirements on an interim basis and asserts commission review over all aspects of natural gas extraction projects in shale formations within the drainage area of the basin’s Special Protection Waters, regardless of the amount of water withdrawn or the capacity of domestic sewage treatment facilities accepting fracking wastewater,” Collier said. “The commissioners intend to adopt regulations pertaining to the subject matter contained in this determination after public notice and a full opportunity for public comment, but this rulemaking process can be lengthy. In the meantime, DRBC will apply this determination in combination with its existing regulations.” In taking this action, Collier considered and determined that as a result of water withdrawals, wastewater disposal, and other activities, natural gas extraction projects in shale formations may individually or cumulatively affect the water quality of Special Protection Waters by altering their physical, biological, chemical or hydrological characteristics. This finding is in accordance with Section 2.3.5 B.18 of the commission’s Rules of Practice and Procedure, which provide that any project “that the Executive Director may specially direct by notice to the project sponsor or land owner as having a potential substantial water quality impact on waters classified as Special Protection Waters” may be required to undergo review. “The intent behind this executive director determination is to provide directional signals, not put up roadblocks,” Collier said. “Each of these activities, if not properly performed, may cause adverse environmental effects on water resources. The bottom line for the DRBC is to ensure that proper environmental controls are provided to safeguard our basin's water resources that are used by nearly 15 million people.” Most of the shale formations that may be subject to new horizontal drilling and hydraulic fracturing techniques requiring large volumes of water in the basin are located within the drainage area to DRBC’s designated Special Protection Waters (SPW). The commission’s SPW program is designed to prevent degradation in streams and rivers considered to have exceptionally high scenic, recreational, ecological, and/or water supply values through stricter control of wastewater discharges, non-point pollution control, and reporting requirements. Coverage of the DRBC’s SPW anti-degradation regulations includes the 197-mile non-tidal Delaware River from Hancock, N.Y. south to Trenton, N.J. and the land draining to this stretch. Under this determination, a natural gas extraction project encompasses the drilling pad upon which a well intended for eventual production is located, all accompanying facilities and related activities, and all locations of water withdrawals used or to be used to supply water to the project. Wells intended solely for exploratory purposes are not covered by this determination. An exploratory well is one that the project sponsor intends to plug and cap at the conclusion of exploratory activities without use for production or fracking. Exploratory wells are subject to state regulation. “To determine whether the Rules of Practice and Procedure require DRBC review of any projects falling outside this determination, we continue to recommend that any company proposing natural gas extraction activities anywhere in the basin contact DRBC staff to schedule a pre-application meeting,” Collier said. The DRBC recognizes that each natural gas extraction project also will be subject to the review of the environmental agency of the state in which the project is located and, in some cases, subject to federal agency review. The commission intends to coordinate with and, where feasible, to utilize the review process and approvals of the applicable state or federal agency to minimize duplication of effort and redundant requirements imposed on project sponsors. Any person adversely affected by this determination may request a hearing by submitting a request in writing to the commission secretary within 30 days of the date of this determination in accordance with the DRBC’s Rules of Practice and Procedure. The DRBC was formed by compact in 1961 through legislation signed into law by President John F. Kennedy and the governors of the four basin states with land draining to the Delaware River (Delaware, New Jersey, New York, and Pennsylvania). The passage of this compact marked the first time in our nation’s history that the federal government and a group of states joined together as equal partners in a river basin planning, development, and regulatory agency. Additional information, including the complete determination, can be found on the commission’s web site at www.drbc.net. May 02, 2009 19 head of cattle die near gas well. 'Nobody is owning up to it'  An unidentified substance that apparently flowed from a natural gas drilling site into a pasture is is being eyed as a potential cause of the deaths of 19 head of cattle Tuesday evening, according to the Louisiana Department of Environmental Quality. The contaminated area is defined as about 20-by-20 yards and is adjacent to the well that Chesapeake Energy Corp. is drilling on state Highway 169 near the corner of Keatchie-Marshall Road in south Caddo Parish. Tests to determine the nature of the milky white substance that had pooled into a low area could take a week to complete, Northwest Regional Director Otis Randle said today. Authorities believe the cows ingested the liquid before dying. Tracks went to and from the puddles, a Caddo sheriff’s office spokeswoman said. Chesapeake and its fracing contractor, Schlumberger, have denied knowledge of a chemical release on the site, Randle said. “Nobody is owning up to it.” "It looks like some type of production fluid has run offsite and the cows got into it, ingested it," said Otis Randle, regional manager for the state Department of Environmental Quality. The owner had about 40 beef cows with calves in the pasture, said Sam Irwin, spokesman for the state Department of Agriculture and Forestry. He said 19 cows died but all of the calves _ he did not know how many or whether they were old enough to sell for beef _ were fine. Tissue samples from the dead cattle and one survivor were sent to Texas A and M for analysis, Irwin said. The livestock died Tuesday near rain puddles in their pasture, said a Caddo Parish sheriff's spokeswoman, Cindy Chadwick. Local residents reported the cattle were foaming at the mouth, bellowing and had bleeding tongues. The pasture fence is about 150 feet from the well, said Kevin McCotter, director of corporate development in Louisiana for Chesapeake Energy, which owns the well. Randle said he asked representatives from Chesapeake and oil service company Schlumberger Ltd. to identify any fluid that might have run into the pasture, but they said they had no indication of a spill. McCotter said the well's crew was injecting fluids at high pressure to break down the shale and release natural gas. Chadwick said air quality tests Tuesday night did not indicate any danger. Carol "C.C." Canady, president of United Neighbors for Oil and Gas Rights, said she saw at least four cows collapse and die. "The cows' tongues hanging, bleeding off front and back, foaming at the mouth and bellowing" she said. William Dubose said he captured video of yellowish-green fumes that smelled like a combination of antifreeze and petrochemical. The cattle were on a pasture south of Spring Ridge, a community about 20 miles south of Shreveport. The parish landfill refused to take the carcasses, so they were taken to the owners' land for burial, Irwin said. Copyright 2009 The Associated Press & [http://shreveporttimes.com] All rights reserved. February 25, 2009 NY State Admits Ignoring Threat to City’s Drinking Water. Officials Suggest Gas Drilling Technique is Safe, Then Acknowledge Lack of Evidence. WASHINGTON – According to documents obtained by Environmental Working Group (EWG) through New York’s Freedom of Information Law (FOIL), the New York State Department of Environmental Conservation (DEC) has not conducted a single test to determine if a controversial technique used to drill for natural gas upstate is a threat to New York City’s drinking water. http://www.ewg.org/node/27641 February 25, 2009 Nockamixon Township Wins Fight for the Municipal Rights to Control Natural Gas Drilling in their Pennsylvania Township. Pennsylvania Supreme Court, Western District – A decision has been made in support of two Pennsylvania towns who have filed appeals to the state’s Supreme Court. Oakmont Borough, Allegheny County and Salem Township, Westmoreland County: The PA Supreme Court has ruled that local officials CAN use zoning to determine where drilling can happen within a municipality, as local zoning “serves different purposes from those enumerated in the Oil and Gas Act”. - PA court gas ruling . . . May set a precedent By Tom Kane, The River Reporter HARRISBURG, PA — The Pennsylvania Supreme Court ruled in favor of a municipality’s right to use zoning to control where gas drilling can take place. The case was heard June of 2008 with a ruling issued on February 25. In written testimony, the court justices sided with the state’s authority to control gas drilling, deeming that local laws cannot be in conflict with state regulations already in place. But the court also confirmed that local officials do have the right to zone where in the municipality drilling can occur but could not control such things as registration, bonding and well-site restoration. The two cases appeared before the state’s highest court from the Borough of Oakmont in Allegheny County and Salem Township in Westmoreland County, who aimed to regulate gas drilling operations conducted by Range Resources in Salem and Huntley & Huntley Company in Oakmont. Nockamixon Township filed an amicus curiae [friend of the court] brief in support of the two municipalities’ cases. Nockamixon supervisor Nancy Janyszeski was pleased with the decisions, saying the zoning rights mentioned were an important distinction. “It’s good. It allows the township to use zoning to determine where they can control drilling,” Janyszeski said. “Our ordinance allows drilling only in industrial and quarry zones. The court ruling supports this ordinance decision.” The Damascus Citizens for Sustainability also filed an amicus brief in the case. “We are glad that we participated in the amicus brief,” said Barbara Arrindell, a spokesperson for the Damascus group. “The arguments put forth in the brief were decisive in the court’s decision, giving municipalities the right to make zoning decisions that determine where gas and oil mining is done. Towns can now say where gas drilling can take place or not take place.” January 16, 2009 Earthjustice has filed major lawsuit. Groups Sue EPA For Not Protecting Citizens From Oil, Gas Drilling. Air pollutants endanger communities and fuels global warming. Denver, CO -- Conservation groups today filed suit against the U.S. Environmental Protection Agency over its failure to protect communities and the climate from air pollution emitted nationwide by oil and gas drilling. Drilling releases a number of harmful air pollutants, which are making skies smoggier, hazier, and more toxic to breathe throughout the United States, and fuels global warming. Making things worse, federal clean air standards for oil and gas drilling are outdated. These standards are not only illegal, but endanger public health and the climate. "Federal clean air safeguards for oil and gas drilling have failed to keep pace with technology and science, putting our children, communities, and the climate at risk," said Jeremy Nichols, Climate and Energy Program Director for WildEarth Guardians. "Oil and gas drilling should not come at the expense of our health and our future generations." Under the Clean Air Act, the EPA is required to review and update clean air regulations every eight years. EPA has failed to update two sets of clean air regulations it originally issued in 1985 and 1999, and has failed altogether to issue a required third set of regulations. The result is a number of oil and gas operations and pollutants spewed by those operations are not limited in any way. Even oil and gas operations covered by the outdated regulations are not required to use the latest technologies to safeguard public health and the climate. In the Rocky Mountain West, where oil and gas drilling is booming, the impact of the EPA's footdragging is staggering. In Garfield County, near the resort town of Aspen, oil and gas drilling has increased by more than 132 percent since 2004, and there are more than 7,000 wells. According to the state of Colorado, oil and gas operations in Garfield County are responsible for 77 percent of all benzene -- a known carcinogen -- in the air, whereas nationwide cars and trucks emit 70 percent of all benzene air pollution. Studies by the state show that Garfield County residents face higher health risks because of benzene, while a recent risk assessment stated that benzene in the air posed an "unacceptable" cancer risk. The increase has been fueled by EPA's failure to update clean air regulations that it issued in 1985 Those regulations do not apply to oil and gas wells. San Juan County in northwestern New Mexico -- with more than 18,000 oil and gas wells -- is the largest producing natural gas field in the United States. Many wells in San Juan County produce hydrogen sulfide, which smells like rotten eggs. At low levels, hydrogen sulfide can cause difficulty breathing and headaches and at high levels can be lethal. The U.S. Bureau of Land Management reports there are more than 375 wells that release hydrogen sulfide in San Juan County. Federal clean air regulations do not limit hydrogen sulfide from individual wells. Elsewhere in the West, oil and gas drilling is linked to rising smog levels in western Wyoming and metropolitan Denver, haze in pristine wilderness areas and national parks, and to climate change. Drilling releases large amounts of methane (otherwise known as natural gas), a greenhouse gas 21 times more potent than carbon dioxide. In New Mexico and Wyoming, drilling activities are the second largest source of greenhouse gases. "Oil and gas drilling operations have been exploding throughout the Rocky Mountain West. Yet in the face of this exponential growth, EPA has sat on its hands when it comes to issuing and updating required regulations to safeguard our communities from these operations" said Andrea Zaccardi, attorney with Earthjustice. "We can't allow EPA to jeopardize public health by failing to maintain up-to-date clean air regulations." Nationwide, today's lawsuit will help protect communities in California, New York, Pennsylvania, Texas, and a number of other states where drilling is occurring. "This suit is an important step toward securing lasting protecting of clean air throughout the nation," said Nichols. "With public health and the climate at stake, we need to make sure we're safe, not sorry." The groups filing suit against the EPA include WildEarth Guardians and the San Juan Citizens Alliance. Earthjustice, a national public interest environmental law firm, is representing the groups. The lawsuit was filed in federal court in Washington, D.C. Background Information The EPA has failed to review and update two sets of clean air regulations and to issue a third set of regulations related to oil and gas drilling, in violation of the Clean Air Act. The first regulations are called "New Source Performance Standards," and ensure that sources of air pollution use the latest technology to reduce any pollutants that endanger public health and welfare, such as hydrogen sulfide. Under the Clean Air Act, the EPA must review and update New Source Performance Standards every eight years. Standards related to oil and gas drilling were first promulgated in 1985 and have not been updated since. The 1985 regulations only limit air pollution from natural gas processing plants, not from oil and gas well-head operations. They also do not address greenhouse gases, or global warming pollution. The second regulations are called "Maximum Achievable Control Technology" standards, and ensure that industry reduce toxic air emissions -- such as benzene -- using the most effective technology available. Under the Clean Air Act, the EPA has to review and update Maximum Achievable Control Technology standards every eight years. Standards related to oil and gas drilling were first promulgated in 1999 and have not been updated since. The 1999 regulations do not address toxic air pollution from a number of operations related to oil and gas drilling. The third regulations are called "Residual Risk" standards, and ensure that industry reduces toxic air emissions to safeguard public health. Residual Risk standards are typically stronger than Maximum Achievable Control Technology standards. Under the Clean Air Act, the EPA must determine whether to issue Residual Risk standards within eight years of promulgating Maximum Achievable Control Technology standards. It has been more than nine years since EPA promulgated Maximum Achievable Control Technology standards related to oil and gas drilling in 1999. EPA has failed to determine whether to issue Residual Risk Standards and has failed to issue such standards. Consequently, there are currently no residual risk standards that protect the public health from toxic air pollution related to oil and gas drilling. Contact: Andrea Zaccardi, Earthjustice, (303) 996-9623 Friday, January 23, 2009 Memo to EPA Employees from EPA Administrator Lisa Jackson http://www.epa.gov/administrator/memotoemployees.html Many vital tasks lie before [the EPA] in every aspect of EPA’s programs. At the outset, I would like to highlight five priorities that will receive my personal attention: • Reducing greenhouse gas emissions. The President has pledged to make responding to the threat of climate change a high priority of his administration. He is confident that we can transition to a low-carbon economy while creating jobs and making the investment we need to emerge from the current recession and create a strong foundation for future growth. I share this vision. EPA will stand ready to help Congress craft strong, science-based climate legislation that fulfills the vision of the President. As Congress does its work, we will move ahead to comply with the Supreme Court’s decision recognizing EPA’s obligation to address climate change under the Clean Air Act. • Improving air quality. The nation continues to face serious air pollution challenges, with large areas of the country out of attainment with air-quality standards and many communities facing the threat of toxic air pollution. Science shows that people’s health is at stake. We will plug the gaps in our regulatory system as science and the law demand. • Managing chemical risks. More than 30 years after Congress enacted the Toxic Substances Control Act, it is clear that we are not doing an adequate job of assessing and managing the risks of chemicals in consumer products, the workplace and the environment. It is now time to revise and strengthen EPA’s chemicals management and risk assessment programs. • Cleaning up hazardous-waste sites. EPA will strive to accelerate the pace of cleanup at the hundreds of contaminated sites across the country. Turning these blighted properties into productive parcels and reducing threats to human health and the environment means jobs and an investment in our land, our communities and our people. • Protecting America’s water. EPA will intensify our work to restore and protect the quality of the nation’s streams, rivers, lakes, bays, oceans and aquifers. The Agency will make robust use of our authority to restore threatened treasures such as the Great Lakes and the Chesapeake Bay, to address our neglected urban rivers, to strengthen drinking-water safety programs, and to reduce pollution from non-point and industrial dischargers Thursday, January 22, 2009 Monongahela River quality up after limits on Gas Drillers By The Tribune-Review The Monongahela River's levels of total dissolved solids -- which can affect the way water tastes and smells -- are much lower than in October, when state officials told sewage treatment plants to stop accepting water that natural gas drilling companies used to prepare wells in Marcellus Shale regions, the state Department of Environmental Protection said Wednesday. Lab data showed TDS levels as of Dec. 30 were 110 to 196 parts per million, compared to 438 to 908 ppm on Oct. 22, DEP said. The new numbers are well below the 500 ppm guideline set by state and federal officials. Monday, January 17, 2009 Court Orders Government to Stop Land Leasing in Utah Finds in Favor of Environmental Groups to Protect Wilderness http://www.nrdc.org/media/2009/090118.asp WASHINGTON (January 18, 2009) -- More than 110,000 acres of Utah wilderness will be protected from oil and gas companies as a result of a ruling last night by Judge Ricardo M. Urbina of the U.S. District Court. Judge Urbina granted a temporary restraining order that prevents the Bureau of Land Management (BLM) from moving forward with these leases. A coalition of environmental groups -- led by the Natural Resources Defense Council (NRDC), the Southern Utah Wilderness Alliance, the Wilderness Society, and Earthjustice -- filed a lawsuit on December 17, 2008 to prevent the leasing of public lands. "This ruling is a huge victory in protecting our nation's pristine wilderness from destruction due to oil and gas drilling," said Sharon Buccino, senior attorney for NRDC. "We do not need to sacrifice our wild lands to achieve a secure energy future." In his ruling, Judge Urbina found that the conservation groups "have shown a likelihood of success on the merits" and that the "'development of domestic energy resources' … is far outweighed by the public interest in avoiding irreparable damage to public lands and the environment." The merits of the case will be heard later in 2009. Until that time, BLM is prohibited from cashing the checks issued for the contested acres of Utah wilderness. "We're thrilled with this decision," said Stephen Bloch, Conservation Director for the Southern Utah Wilderness Alliance. "BLM's attempt to sell these leases just before the Bush administration left office has been showcased for what it really is -- a parting gift to the oil and gas industry. Judge Urbina's decision firmly puts the brakes on these plans." The contested areas near Arches and Canyonlands National Parks, Dinosaur National Monument, and Nine Mile Canyon include lands that contain the nation's greatest density of ancient rock art and other cultural resources. These lands were recently made available to industry through hastily approved resource management plans that have serious ramifications for 3 million acres of public lands. "Under the Bush administration, the Bureau of Land Management pushed through Resource Management Plans that treated some of America's most sensitive and spectacular public lands as the private playgrounds of the oil and gas companies," said Bill Hedden, Executive Director of Grand Canyon Trust. "Today's heartening court decision gives these unique places a last second pardon from forever sacrificing their archaeological treasures, pristine air and remote wildness in order to sate only an hour or two of our national addiction to oil and gas." "When we begin to allow oil drilling in the backdrop of an icon like Arches National Park, we know something needs to change," said Sierra Club representative Myke Bybee. "It's time to stop handing over our natural treasures just so the oil industry can make more money. Instead, we could be investing in efficiency and the kind of clean energy that will benefit all of us and leave our best wild places intact." November 6, 2008 Thursday, October 23, 2008 October 20, 2008 September 30, 2008 Judge backs local control in gas drilling. By AMANDA CREGAN Nockamixon took home a victory in court Monday over companies that want to drill for oil and natural gas in Upper Bucks. A Bucks County judge ruled against Arbor Resources and Pasadena Oil and Gas Wyoming, both of Traverse City, Mich., and Hook ’Em Energy Partners of Austin, Texas. Judge Clyde Waite sided with the township’s authority to enforce local ordinances to regulate natural gas and oil drilling in the township. The gas companies argued in a lawsuit filed in May that local ordinances are not binding because they are trumped by regulations already in place under Pennsylvania’s Oil and Gas Act. Arbor and its associates say they have met state drilling requirements. Waite’s ruling found the act gives exception to local ordinances pursuant to the state’s municipalities planning code. “The purposes of the Oil and Gas Act is to permit the development of oil and gas resources while at the same time protecting the health, safety, environment and property of the local citizenry,” Waite concluded. Nockamixon solicitor Jordan Yeager said the judge’s decision was an affirmation of local authority and ultimately allows township supervisors to enforce their ordinances. “Obviously the result is a significant result for the township,” said Yeager, a Doylestown attorney. “I think it’s a vindication for local interests.” Yeager argued before the judge last week that the gas companies’ first steps should be to appeal to the township’s zoning hearing board or the board of supervisors. “Our primary objection was that this matter was not appropriate in court,” he said. “When you are raising a substantial challenge to a zoning ordinance you’ve got to go there before going to court.” Amanda Cregan can be reached at 215-538-6371 or acregan@phillyBurbs.com. July 9, 2008 For a copy of the full legal document filed in the Supreme Court: SupremeCourt_Brief.pdf The advent of natural gas well drilling and development in the Marcellus shale formation of the Upper Delaware River Watershed has taken the region by storm with the recent signing of hundreds of leases for wells on private land in both Pennsylvania and New York. Environmental concerns center on the degrading impacts of natural gas development on water resources, both quantity and quality, on habitat and other natural watershed features. The legal filings document that towns are attempting to control where natural wells are drilled and storage ponds are placed in order to prevent the damages to their communities from associated stormwater runoff, and impacts to public property and natural values. “The proposed natural gas extraction threatens irreversible damage to the environment, culture and communities of the Upper Delaware Wild and Scenic River, and the drinking water supply for over 17 million”, said Delaware Riverkeeper Maya van Rossum. “We are fighting to support the municipalities’ rights to protect their own environment and communities against self-serving private interests and corporate control”, said van Rossum. Barbara Arrindell of Damascus Citizens agrees and further states that “The gas drilling process itself is intrinsically polluting.” Elizabeth Koniers Brown, attorney for Delaware Riverkeeper Network, stated “The Environmental Rights Amendment to the Pennsylvania Constitution gives citizens the right to clean air, pure water and environmental preservation. Municipalities have a role to play in protecting these rights.” Jordan Yeager, attorney for Nockamixon Township, stated “We must be able to regulate land uses in the township based on local officials’ knowledge of the municipality’s character, its citizens’ needs and the special nature of its resources. State laws recognize the role for municipalities in protecting the environment and locally elected leaders need to be able to carry out their powers and responsibilities without interference.” http://www.delawareriverkeeper.org/ Delaware Riverkeeper Network is a nonprofit, advocacy organization dedicated to protection and restoration of the Delaware River. Damascus Citizens For Sustainability is a nonprofit grassroots organization that began in Wayne County and is committed to environmental issues. Both groups are actively engaged in the environmental issues raised by the natural gas industry in the State. |
THE REAL IMPACT Depletion of Water Tables Water Pollution Decreased Property Values Neighborhood Depreciation Noise Polution Air Pollution Soil Contamination Light Pollution Health and Safety Increased Crime Negitive Impact on Wildlife Loss of Green Space Loss of Recreation Aesthetic Impacts Catastrophic Accidents Lack of Evacuation Plans Habitat Fragmentation Negative Impact on Hunting Increased Traffic Possible Wildfires Occasional Pipeline and Spills of Hazardous Materials Holding Ponds Containing Hazardous Liquids. Occasional Blowouts with Drilling Muds used for Natural Health damaging Upper Delaware as a |
DCS • Damascus Citizens for Sustainability, Inc. • P.O. Box 147 • Milanville, PA 18443